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13. Second reading Ord. 10-2059ORDINANCE NO. 10 -2059 DRAFT AN ORDINANCE OF THE CUPERTINO CITY COUNCIL PREZONING & REZONING A PARCEL OF 0.618 GROSS ACRE LOCATED NORTHERLY AND ABUTTING TO 10642 NORTH PORTAL AVENUE, CONSISTING OF A PREZONING OF 0.028 ACRE FROM CITY OF SUNNYVALE TO PRE- R1 -1.5 (SINGLE - FAMILY RESIDENTIAL), AND A REZONING OF 0.59 ACRE FROM Al -43 TO R1 -7.5 WHEREAS, an application was received by the City (Application no. Z- 2010 -01) for the prezoning and rezoning of a property to Pre-RI-7.5 and R1 -7.5 (Single Family Residential); and WHEREAS, the rezoning will be consistent with the City's General Plan land use map, proposed uses and surrounding uses; and WHEREAS, upon due notice and after one public hearing the Planning Commission recommended to the City Council that the prezoning and rezoning be granted; and WHEREAS, the property is presently zoned City of Sunnyvale and Al -43; and WHEREAS, maps of the subject property are attached hereto as Exhibits Al & A2, as a proposed amendment to the Master Zoning Map of the City of Cupertino. NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: Section 1. That the property described in attached Exhibits A1, B1, A2 & B2 are hereby prezoned or rezoned to: Pre-RI-7.5 (Single Family Residential) and Rl -7.5; and that Exhibits Al & A2 attached hereto are made part of the Master Zoning Map of the City of Cupertino; and Section 2. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular adjourned meeting of the City Council of the City of Cupertino the 1st day of June, 2010 and ENACTED at a regular adjourned meeting of the City Council of the City of Cupertino the 9th day of June, 2010, by the following vote: Vote: Members of the City Council: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Cleric APPROVED: Mayor, City of Cupertino 13 -1 REZONE FROM Al -43 TO RI -1-5 ZONING FLAT MAF r ` ` � ASSESSOR'S SCALE: I' =30' ~ \ PARCEL NUMBER: 316 - 32 -048 \ REZONE: 0.59 AG N 89 °42'10" 1= 6 - 1.50' � � FROM AI -43 1 r .er.... ......... 'N%. TO RI -1.5 o I 1 • a I i � ♦� � I I I ®♦ ♦ ti I 1 0' IRRIGATION ♦' } EASEMENT � • I I �♦ ♦6719. pw l I .� � .I I PARCEL F Wl 1 BOUNDARY ` I wl � I ► ar "ill I I 1• • 1 ! I o I i S ad)I L -- --- - - - - -- -- — _ _ - - -- 5' PGAE EASEMENT p rsrr rr>•"rr.rr�w rw wrrrrr�r r rrwrr raww.s r N N 89 9 21'10' E 2'31.64' �r 3ED INCxREB°J, AND PUE 86.98' N ■rr rr -Mr rrwwwE rw PORTION OF THE PARCEL. TO BE REZONED FROM A1. -43 TO R1 -7.5 All that real property located in the City of Cupertino, County of Santa Clara, State of California, described as follows: A portion of the parcels of land conveyed to the State of California by Deeds numbers 13842 and 29598, recorded June 12, 1962 in Volume 5606 page 537 and 5604 page 513 of Official Records of Santa Clara County described as follows: Beginning at the Southwesterly corner of said parcel recorded in Volume 5606, Page 537 Official Records; thence along the city limit line between City of Sunnyvale and City of Cupertino North 89 Degrees 42 Minutes 10 Seconds Bast a length of 67,50 feet to the Southwesterly line of the Parcel conveyed as parcel 2 to Santa Clara County Flood Control District; thence 267.78 feet along said Southwesterly line and non - tangent curve to the right, said curve having a radius of 3356.00 feet, a delta 4 Degrees 34 Minutes 18 Seconds and radial bearing South 28 Degrees 08 Minutes 32 Seconds West to the Northeasterly comer of Parcel B as shown on the Parcel Map recorded in Book 248 of Maps, at Page 45, Santa Clara County Records; thence along said Northerly line South 89 Degrees 21 Minutes 10 Seconds West a length of 297.64 feet to the Westerly parcel recorded in Volume 5606, Page 537 Official Records; thence along said Westerly line North 0 Degrees 17 Minutes 50 Seconds West a length of 138.60 to the point of be ginnin g. Containing 0.590 acres more or less. 2213663 ` A2- PREZONE FROM CITY OF SUNNYVALE TO PRE- RI -I.5 SCALE, I "_ 10' ZONING F�-- AT M4F _ ASSESSOR'S PARCEL NUMBER: 31ro -32 -041 PRE -ZONE: 0.03 AC To ° f � I. a I I 4P r I I +�9• ? ° �10' IRRIGATION o I I EASEMENT 4v I 5' PC-74E �+ !� ■ i EASEMENT �. A r ■ 8 I 1 � 1 1 • z■ I 1 ��� I I �• I 1 ' w s Mew w w �www w w rw�wi w w �� .. iwr." . w wwwM ■ w wry m mow m w A w ww"— w w ww�w w w N 59 °42'10" E 61.50' I N JD , V1�c� i 1 ; 2' PORTION OF THE PARCEL, TO BE PREZONED FROM SUNW W� E TO PRE- Rl -7.5 All that real property located in the City of Sunnyvale, County of Santa Clara, State of California, described as follow ►s: A portion of the parcels of land conveyed to the State of California by Deeds numbers 13842 and 29598, recorded June 12, 1962 in Volume 5606 page 537 and 5604 page 513 of Official Records of Santa Clara County described as follows: Beginning at the Southwesterly comer of said parcel recorded in Volume 5606, Page 537 Official Records; thence along the Westerly boundary of said parcel North 0 Degrees 17 Minutes 50 Seconds West a length of 3 5.57 feet to the Southwesterly line of the parcel conveyed as parcel 2 to Santa Clara County Flood Control District; thence 76.31 feet along said Southwesterly line and non - tangent curve to the right, said curve having a radius of 3356.00 feet, a delta 1 Degree 18 Minutes 10 Seconds and radial bearing South 26 Degrees 50 Minutes 22 Seconds West; thence leaving said Southwesterly line along the city limit line between City of Sunnyvale and City of Cupertino South 89 Degrees 42 Minutes 10 Seconds West a length of 67.50 feet to the point of begffi- ing. Containing 0.028 acres more or less. 22' -3705